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License and Terms and Conditions for Royalty Free Images/CD's

Chameleons Eye grants to Licensee a perpetual, non-exclusive, non-transferable, non-sublicensable, worldwide right to Reproduce the Licensed Material identified beside each image as "Royalty Free" an unlimited number of times in any and all media for all purposes other than those uses prohibited under the Restrictions Section of this Agreement. 1 Restrictions. 1.1 Licensee may not sublicense, sell, assign, convey or transfer this Agreement or any of its rights under this Agreement. 1.2 Licensee may not: (i) make the Licensed Material available (separate from the end product into which it is incorporated) in any medium accessible by persons other than authorized Users; (ii) sell, license or distribute any end product containing the Licensed Material in a way that is intended to allow or invite a third party to download, extract or access the Licensed Material as a standalone file; (iii) include the Licensed Material in an electronic template intended to be Reproduced by third parties on electronic or printed products; or (iv) use or display the Licensed Material on websites or in any other medium designed to induce or involving the sale, license or other distribution of "on demand" products, including, without limitation, postcards, mugs, t-shirts, calendars, posters and other items. 1.3 Licensee may not falsely represent, expressly or impliedly, that Licensee is the original creator of a work that is a stand-alone pictorial, graphic or sculptural work or motion picture or other visual work that derives a substantial part of its artistic components from the Licensed Material. 1.4 Licensed Material shall not be incorporated into a logo, trademark or service mark. 1.5 Licensed Material may not be modified, reconfigured or repurposed for use in any mobile-directed web sites or mobile applications that are specifically created for viewing of Licensed Material on mobile devices, without obtaining the prior written consent of Chameleons Eye. 1.6 If any Licensed Material featuring a model or property is used in connection with a subject that would be unflattering or unduly controversial to a reasonable person, Licensee must accompany each such use with a statement that indicates that: (i) the Licensed Material is being used for illustrative purposes only; and (ii) any person depicted in the Licensed Material, if any, is a model. 1.7 Pornographic, defamatory or otherwise unlawful use of Licensed Material is strictly prohibited, whether directly or in context or juxtaposition with specific subject matter. 1.8 Licensed Material shall not be used contrary to any restriction on use provided to Licensee, including, without limitation, any restriction provided to Licensee prior to or at the time the Licensed Material is delivered to Licensee. Such restrictions may be included either in the information provided with the Licensed Material on Chameleons Eye' website or in any other written communication from Chameleons Eye. Any such restriction provided to Licensee shall be incorporated into this Agreement. 1.9 If the Licensed Material is Reproduced in an editorial manner, Licensee must include the following credit adjacent to the Licensed Material: "[Photographer's name] [Collection Name]/Chameleons Eye" or as otherwise notified by Chameleons Eye. 1.10 Where technically feasible, a screen credit, equal in size and placement to like footage in the media, must be provided for any film or video footage Licensed Material used in a feature film, broadcast television or cable production and must read: "Film supplied by [Chameleons Eye,]" or "Film supplied by [Chameleons Eye]" or "Film supplied by [Chameleons Eye]". 1.11 While efforts have been made to correctly caption the subject matter of the Licensed Material, Chameleons Eye does not warrant the accuracy of such information. 1.12 Where Purchaser is licensing Licensed Material on behalf of a Licensee, Purchaser hereby represents and warrants that: (i) Purchaser is authorized to act as an agent on behalf of Licensee and has full power and authority to bind Licensee to this Agreement; and (ii) if Licensee disputes Purchaser's power and authority to act on behalf of Licensee with respect to this Agreement, Purchaser shall be bound and liable for any failure of Licensee to comply with the terms of this Agreement. Nothing in this Section 1.12 shall serve to excuse Purchaser's obligation to make payment to Chameleons Eye for the Licensed Material. 2. Intellectual property rights contained within this site, including all copyrights, text, software, images, banners and any material it contains, belongs or has been licensed to Chameleon's Eye. No part of this site or its contents may be reproduced or electronically transmitted, disseminated or otherwise copied for any purpose other than for ordering images contained in this site. 3. The User/client agrees to at all times indemnify and hold harmless Chameleon's Eye and its employees and employers from and against: a) Any loss, including legal costs and expenses or liability reasonably incurred or suffered where such loss or liability was caused by your breach of any of these terms; b) All actions, claims and demands, including the cost of defending or settling any action, claim or demand which may be instituted against Chameleon's Eye arising out of your access to or browsing of this site. c) There will be no returns or refunds. If the purchased image is damaged or not received, the image will be replaced if the purchaser contacts Chameleon's Eye within seven (7) days of purchase. 4. Chameleon's Eye has taken care in the preparation of this site and the material it contains, in particular the identification and captioning of images. This site may contain inaccuracies and may be changed or updated at any time without notice. Chameleon's Eye makes no warranties or representations, expressed or implied, as to the quality, fitness for purpose, or accuracy of the contents of this site and accepts no liability or responsibility for losses or damage incurred by any party, including indirect or consequential losses or damage, as result of any failure in quality, error or misinformation contained in this site. 5. Chameleon's Eye does not accept liability or responsibility for any damage, claims, penalties, losses, costs or expenses incurred by any party, whether caused directly, indirectly, consequentially or otherwise, arising from the use of or inability to use this site or from any unauthorized access to or alteration of this site. 6. Payment of the reproduction fee does not constitute a model release. The client accepts responsibility to ensure that permission is obtained to use names, people, registered designs, trade marks, copyright works or works of art depicted in any image. 7. If invoice remains unpaid, Chameleon's Eye reserves the right to add all debt collection agency fees to original invoice amount. Interest of 2% will be charged on accounts for every 30 days (or part thereof) the Account Remains overdue. 8. This agreement shall be binding upon the parties hereto, their heirs, successors, assigns and personal representatives. This agreement constitutes the full understanding between the parties hereto. A written instrument signed by both parties may only modify its terms. A waiver of a breach of any of the provisions of this agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions hereof.

License and Terms and Conditions for Royalty Free Images/CD's

Chameleons Eye grants to Licensee a perpetual, non-exclusive, non-transferable, non-sublicensable, worldwide right to Reproduce the Licensed Material identified beside each image as "Royalty Free" an unlimited number of times in any and all media for all purposes other than those uses prohibited under the Restrictions Section of this Agreement.

1 Restrictions.
1.1 Licensee may not sublicense, sell, assign, convey or transfer this Agreement or any of its rights under this Agreement.
1.2 Licensee may not: (i) make the Licensed Material available (separate from the end product into which it is incorporated) in any medium accessible by persons other than authorized Users; (ii) sell, license or distribute any end product containing the Licensed Material in a way that is intended to allow or invite a third party to download, extract or access the Licensed Material as a standalone file; (iii) include the Licensed Material in an electronic template intended to be Reproduced by third parties on electronic or printed products; or (iv) use or display the Licensed Material on websites or in any other medium designed to induce or involving the sale, license or other distribution of "on demand" products, including, without limitation, postcards, mugs, t-shirts, calendars, posters and other items.
1.3 Licensee may not falsely represent, expressly or impliedly, that Licensee is the original creator of a work that is a stand-alone pictorial, graphic or sculptural work or motion picture or other visual work that derives a substantial part of its artistic components from the Licensed Material.
1.4 Licensed Material shall not be incorporated into a logo, trademark or service mark.
1.5 Licensed Material may not be modified, reconfigured or repurposed for use in any mobile-directed web sites or mobile applications that are specifically created for viewing of Licensed Material on mobile devices, without obtaining the prior written consent of Chameleons Eye.
1.6 If any Licensed Material featuring a model or property is used in connection with a subject that would be unflattering or unduly controversial to a reasonable person, Licensee must accompany each such use with a statement that indicates that: (i) the Licensed Material is being used for illustrative purposes only; and (ii) any person depicted in the Licensed Material, if any, is a model.
1.7 Pornographic, defamatory or otherwise unlawful use of Licensed Material is strictly prohibited, whether directly or in context or juxtaposition with specific subject matter.
1.8 Licensed Material shall not be used contrary to any restriction on use provided to Licensee, including, without limitation, any restriction provided to Licensee prior to or at the time the Licensed Material is delivered to Licensee. Such restrictions may be included either in the information provided with the Licensed Material on Chameleons Eye' website or in any other written communication from Chameleons Eye. Any such restriction provided to Licensee shall be incorporated into this Agreement.
1.9 If the Licensed Material is Reproduced in an editorial manner, Licensee must include the following credit adjacent to the Licensed Material: "[Photographer's name] [Collection Name]/Chameleons Eye" or as otherwise notified by Chameleons Eye.
1.10 Where technically feasible, a screen credit, equal in size and placement to like footage in the media, must be provided for any film or video footage Licensed Material used in a feature film, broadcast television or cable production and must read: "Film supplied by [Chameleons Eye,]" or "Film supplied by [Chameleons Eye]" or "Film supplied by [Chameleons Eye]".
1.11 While efforts have been made to correctly caption the subject matter of the Licensed Material, Chameleons Eye does not warrant the accuracy of such information.
1.12 Where Purchaser is licensing Licensed Material on behalf of a Licensee, Purchaser hereby represents and warrants that: (i) Purchaser is authorized to act as an agent on behalf of Licensee and has full power and authority to bind Licensee to this Agreement; and (ii) if Licensee disputes Purchaser's power and authority to act on behalf of Licensee with respect to this Agreement, Purchaser shall be bound and liable for any failure of Licensee to comply with the terms of this Agreement. Nothing in this Section 1.12 shall serve to excuse Purchaser's obligation to make payment to Chameleons Eye for the Licensed Material.

2. Intellectual property rights contained within this site, including all copyrights, text, software, images, banners and any material it contains, belongs or has been licensed to Chameleon's Eye. No part of this site or its contents may be reproduced or electronically transmitted, disseminated or otherwise copied for any purpose other than for ordering images contained in this site.

3. The User/client agrees to at all times indemnify and hold harmless Chameleon's Eye and its employees and employers from and against:
a) Any loss, including legal costs and expenses or liability reasonably incurred or suffered where such loss or liability was caused by your breach of any of these terms;
b) All actions, claims and demands, including the cost of defending or settling any action, claim or demand which may be instituted against Chameleon's Eye arising out of your access to or browsing of this site.
c) There will be no returns or refunds. If the purchased image is damaged or not received, the image will be replaced if the purchaser contacts Chameleon's Eye within seven (7) days of purchase.

4. Chameleon's Eye has taken care in the preparation of this site and the material it contains, in particular the identification and captioning of images. This site may contain inaccuracies and may be changed or updated at any time without notice. Chameleon's Eye makes no warranties or representations, expressed or implied, as to the quality, fitness for purpose, or accuracy of the contents of this site and accepts no liability or responsibility for losses or damage incurred by any party, including indirect or consequential losses or damage, as result of any failure in quality, error or misinformation contained in this site.

5. Chameleon's Eye does not accept liability or responsibility for any damage, claims, penalties, losses, costs or expenses incurred by any party, whether caused directly, indirectly, consequentially or otherwise, arising from the use of or inability to use this site or from any unauthorized access to or alteration of this site.

6. Payment of the reproduction fee does not constitute a model release. The client accepts responsibility to ensure that permission is obtained to use names, people, registered designs, trade marks, copyright works or works of art depicted in any image.

7. If invoice remains unpaid, Chameleon's Eye reserves the right to add all debt collection agency fees to original invoice amount. Interest of 2% will be charged on accounts for every 30 days (or part thereof) the Account Remains overdue.

8. This agreement shall be binding upon the parties hereto, their heirs, successors, assigns and personal representatives. This agreement constitutes the full understanding between the parties hereto. A written instrument signed by both parties may only modify its terms. A waiver of a breach of any of the provisions of this agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions hereof.

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